As part of the consideration exchanged between the Buyer and Seller, the following represents the bargained for terms and conditions that are an integral part of the transaction between Buyer and Seller.
Before title is transferred to Buyer, full payment, in US dollars, shall be immediately conveyed to the Seller in the manner agreed to by Buyer and Seller. Any applicable taxes shall be the responsibility of the Buyer. Seller warrants the equipment to be free of all liens and encumbrances.
Unless otherwise agreed, equipment is sold “As Is”/“Where Is” with any and all latent and patent defects and FOB is “Where Is” with all faults, if any. Seller specifically disclaims any warranty or guarantee that the equipment is suitable for a particular purpose. Buyer understands that it is not relying upon any photos, videos, representations, statements or other assertions made by Seller with respect to the equipment’s condition, but is relying upon its own knowledge regarding the equipment and any attachment and/or its own examination of same. Purchaser takes the equipment under the express understanding that there are no express or implied warranties. Equipment hours and year model are not and cannot be guaranteed. It is Buyer’s sole responsibility to ensure the equipment will satisfy Buyer’s needs. Seller strongly encourages Buyer, or Buyer’s agent(s) to physically inspect the equipment before final payment. Seller agrees to allow Buyer and/or his designated agent reasonable access to the equipment for such purpose.
I understand that the equipment may not have an R.O.P.S. (Roll Over Protection System) or Roll Bar; and, that the lack of these protective systems could cause severe injuries or death. I also understand that the operation of any attachment to the equipment, including but not limited to a ripper or a bucket, may also cause severe injury or death. Seller makes no warranty or guarantee regarding the operating safety of the equipment or any of its attachments. Therefore, Buyer waives all rights to hold Seller, its owners, employees, agents, servants or any other person or entity acting on Seller’s behalf liable for any accidents or deaths caused by operating the equipment with or without any attachment thereto.
Seller may, at its sole discretion, offer dismantling, loading and/or shipping services to Buyer. Such services are negotiated separately and apart from the equipment sale. In the absence of Seller providing such services, all transportation fees and arrangements shall be the responsibility of the Buyer. Seller is not responsible for any issues, conditions or ramifications beyond its control that may or may not impact the sale or the usability of the equipment. Buyer is responsible for meeting all international shipping requirements for the equipment.
Buyer is liable for payment of sales tax, which may become due for failure to comply with the provision of the state, city, metropolitan transit authority, city transit department and/or county sales and use tax law and Comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price for the taxable items purchased or the fair market rental value for the period of time used.
Buyer understands that it is a misdemeanor to give an Exemption Certificate to the Seller for taxable items which it knows, at the time of purchase, will be used in a manner other than that expressed in the certificate; and, that upon conviction, may be fined not more $500 per offense.
Full compliance of these conditions shall constitute a permanent Contract and Bill of Sale documenting the transfer and exchange of the property and/or title between the Buyer and Seller. The sale of equipment and any agreements relating to the sale of equipment are entered into and are deemed to have been performed in the United States and shall be governed by, construed, and enforced in accordance with the laws of the United States without regard or reference to choice or conflict of rules of law. The State of Texas, County of Harris shall have sole jurisdiction over matters arising by, through or under this contract. Venue for any cause of action relating in any manner whatsoever to sale of the equipment shall rest in Harris County, Texas.